MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                              
	DOCKET NUMBER:   AC94-09033A
				   AR1998014112

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Gary C. Miller		Member	
	Mr. Curtis L. Greenway		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS: Reconsideration his earlier application to correct his records by changing the reason for his retirement from length of service to physical disability. 

APPLICANT STATES:   In effect, that an increase in his VA disability rating demonstrates that he should have been separated for disability.  He submits an April 1997 VA rating to substantiate his case.  He states that he “was shot in Vietnam and discharged two times with this hole in my skull.”

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memoranda (prepared to reflect the Board's previous consideration of the case on 26 July 1995 (COPY ATTACHED).

The revised VA rating is, technically, new evidence that requires Board consideration.

The revised rating report states that the VA made an error in not considering his skull defect as a separate compensable condition ratable at 50 percent.  His various conditions are rated as follows:  Diabetes - 20 percent, traumatic brain disease - 30 percent, hypertension - 10 percent, facial scars – 10 percent, dermatophytosis –10 percent, PTSD – 30 percent, loss of part of skull 50 – percent.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  As discussed in the MOC of the original consideration of his case, at the time of his separation, the applicant was performing duty, was found fit (with limitations) at his separation medical examination and the rating decisions of the VA are based upon a different set of principles that those of the Army.  The applicant’s own words “discharged two times” demonstrates that his condition was not necessarily unfitting.  He was, after all, allowed to reenlist despite the skull defect.

2.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RVO_   ___GCM_  ___CLG__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC94-09033A
AR1998014112	
SUFFIX		
RECON		
DATE BOARDED	19990624	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.04	
2.		
3.		
4.		
5.		
6.